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tv   [untitled]    November 1, 2012 10:30pm-11:00pm PDT

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not only in armed forces, but on the commission itself. thank you so much for the time you've spent on that. to the applicants that came here today, thank you as well. not only for applying but for your service. again, as a kid who grew up with his dad in the air force, there's no higher duty and higher honor. so thank you all for what you have done. i agree, there is actually -- also, i would like to see mr. reed -- or at least give him a chance to appear. so let me make a suggestion. although maybe we could talk more about the seat six thing.tñ okay. so seat six says it's not officially to our city)@ñ?ñ? at, it's not officially a disabled seat by the rules of this committee.
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>> city attorney: that's right/ opinion it may have been at some point in the past when the commission was first created, that seat was designated for a person with a service related disability. under the current ordinance the? requirement is just that one of have af;ñ?ñ? service physicalñt? disability. doesn't have to be the person sit nothing that seat. >> supervisor farrell: andññ?ñ?e confirmed there is an existing member. himself confirmed he has a disability related to:rñd]n#ñ hs service. >> supervisor farrell: what i was going to suggest was today put mr. gallagher into seat six, and=÷ñ?ñ?ñ really appreciate yor testimony, and everyone else's as well, and hold off on the other twoujñ?ñ? seats so we cane them a chance at least one more? time for the folks to show up. i think'sñ?ñ? mr. burn eft,d5ñ?ñ ms. tramil, a lawyer, would make fine additions but i would like to give the people opportunity
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to show up. so i was going to propose that -- and i'm still going to do so, unless you would want to the next time, that's fine with me as well. but i agree, especially given the testimony of the commissioners, i think having some of these people come forth and be able to talk would be something we'd want to do. >> chair kim: and i do want to thank all the2ñ?ñ? mtious, particularly the commission who came out to speak on behalf ofh? the appointees today. it was helpful. i had wanted to hear from these individuals:#iç after having rd their application. we will do a reach out again and appreciate your assistance in reaching out?1ñ?ñ? to dr. matto. i would feel if we can continue all of the seats jbñ?ñ?u[pw greater level of flexibility. want to thank both mr. burnette, mr. adams,s?ñ? ms. tramil and mr. gallagher for coming out today, when we had scheduled it. we certainly will not ask you to come to the next rules committee
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meeting because we have heard you and your presentation. thank you so much for your your ideas. itself very well onto the commission but i think it would be helpful to hear from some of the other applicants as well to@ give them one more opportunity. at this point we have not heard from them and will consider them amongst those that are there. i would feel comfortable continuing this to the call of the chair, hopefully we will be november 15 which is our next rules committee and we will be able to get those individuals in attendance. i'm also grateful that we have some young folks that have applied as well, both mr. burnette and mr. gallagher. i think with thehuñ?ñ? wave of g veterans that are coming to the city it's very important for this commission to have that perspective and that experience as well, that they can do outreach to the new veterans that are coming back to the city -- or coming toetñ?ñ? the y and county of san francisco. it was great to hear that you
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felt that this is -- mr. burnette -- or a friendly place for veterans to comepr]añ. i'm appreciative because i think it really is due to our veterans comm-ñ that that -- many of the things were put in place before you came to san francisco. so i was glad to hear that. so we have a motion to continue to the call of the chair. and we can do that without opposition. thank you so much to all the applicants who are here today. madam clerk, can you please call item 3. >> linda wong: item 3, ordinance amending the administrative code to extend the sunset date of the public utilities revenuehqñ?ñ? bond ovt committee toever 1, 2016. >> chair kim: thank you. and we do have the author of that legislation here, supervisor mark ferrell. >> supervisor farrell: thank you, chair kim. i know we continued this from last rules committee meeting. we do have members of the puc here as well to i think talk to some of the outstanding questions and we have our city attorney that also looked into it so we can have a dialogue as
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well. >> chair kim: my apologies. i want to recognize that supervisor david campos has joined us. san francisco public utilities considering this legislation today. i think it's important for the television audience as well as you, who already know, to briefly summarize why this/zñ?ño meaningful to us. one is it's4lñ?ñ? helpful for ratepayer assurance and for the public that we have sound and prudent oversight. and also, every time i go to meet with the rating agencies, whether#ññ?ñ? moody's standard d poor or fitch they@÷ñ?ñsee our oversight committees, whether it's the mayor or our revenue bond oversight committee ordñ?ñr rate fairness board, we have about 10 of them, they are
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independent financial officer, our controller's office, our city services auditor as)qñ?ñ?ñs our citizens advisory committee, we have people who care and pay attention and look at every dollar and how it's being spent. than#ñ?ñ? you for reconsideringn extension of this oversightq-ñ?ñ body. it's important. that being said, i do understand in previous -- inaxñ?ñ? a previs meeting, there were somee?"f suggestions on how we might make it even stronger. i÷nñ?ñ?ñ,ñb3@í want you to knoe public utilities commission is open9ññ?ñ?ñ to helping implemeny good ideasa?ñ? to make it stro, and to make our credit strength and our ratepayer assurances as solid as we can. for the public asf meeting will be november 19 at 9:30 to noon induñ?ñ? our seconr conference room, and we welcome happy to answerr9ñ?ñ? any quest. >> supervisor farrell:
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questions? >>[mco3oy thank you. >> supervisor farrell: i just thanks for being here. i6e2%j2oq know so mr. young is- part of the puc and the clerk's office. part of the question is, one of recreate it under an ordinance a copy of the funds and where they come from. but by looking atu2cç6.4 this, e funds do operate the rback are issued correct? commissions come from the sf puc which is a reimbursement to the
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board of supervisorsff+j+pç per. revenue bond oversight is a percentage of each bond sale. but that is held in)léqh hç accd for contractual services for auditors and that typeéj)jú6gx f services. >> supervisor farrell: perfect. thank you. that's all ié(ññpvg have. >> chair kim: supervisor campos. >> co-chair campos: thank you very much. i do want to thank the continuance. my feeling is that to the extent there are ways that some of those concerns can be addressed with this still moving forward so i lookañwqg]?7 forward to wog with them on that, as thistñáó;ç proceeds. >> chair kim: okay.
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department of public comment. we heard this two weeks ago. time, take some time to look at 5a.30. i think that language actually are concerns about the operations of the committee, i think those can be expressedamúo the committee and to the puc and those can always be made better. are largely within your control. appointments come up i[eñ?ñ? think you can and shoulk whatever questions are appropriate to%[qjc candidates. one actually a couple of quick things. extends the committee for three years. if there is interest in reorganizia8-irgv the committeu may want to extend it for less than three years so that you could extenduyflsuf again, or
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there is also reference on page submitting a resolution of the board supporting the extension. i didn't find that in the file. if that could make its way into board if this advances out of committee that would bej!""4% finally, the chair of the puc terence jones, was at this meeting, couldn't stay, asked me to communicate his1(m÷jíc conct the bogfy ofs --é,+ the members of the commission, caítoac, and this board ofa supervisors, are available on the appropriate websites, but there is no similar biography rate fairness board and he discussion, i don't know that you need to write it into the legislation, but that you communicate a desire to the8dv$c and%úñ?ñ? to these bodies to pre
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biographies that can be placed puc website to increase transparency. otherwise i support the extension andóxxl >> chaiv 9j÷ayou. >> chair kim: is there any other public comment on this item? seeing none, public comment is[ñ closed. supervisor ferrell. >> supervisor farrell: thank you. colleagues, i want to thank you last time around. we -- i think it was a good idea to do that, and i/ó;aoie know te again i will reiterate where i was and after speaking with our city attorney as well, even though it seems to be -- there are some issues, i'd rather -- and flaws, i would rather see the revenue oversight committee within that for changes. from a public conference lemp but also from a rating point of view that is a big deal and can come out to millions of dollars. that's what i would suggest
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everyone for their comments on that and again commit to make that a reality. i would move item 3 forward with a recommendation to the board. >> chair kim: we have a second and we can do that without opposition. thank you. madam clerk, can you please call item 4. >> linda wong: item 4, motion amending the board of supervisors rules of order, in their entirety, to correct clerical corrections, proper placement of sections and additional updates. >> chair kim: thank you. we have the author of this item hereññ?ñ at rules committee tod. supervisor sean elsbernd, would? you like to say a few words. >> supervisor elsbernd: sure. toaoñ?ñ?ñ call me the author ofi think is unnecessary and frankly inappropriate. changing the board rules, kicking it around to make it more efficient for the clerk of the board is something that angela and i have been talking about for a long time, a couple ofh@ñ?ñ? years. and angela and kay are here to
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tell you what they've comegzñ?ñp with. i will tell you that a few of our colleagues have come up to me and asked me what tricks, what games have i played with the amendments here. i will assure you, there are none, that there is actually very little, if any, that i had anything to do with. this is all angela, the clerk's office, the city attorney, solely designed to make their lives easier. that's what this is about, is making this -- making our board rules work a little easier for our staff. so with that, if it's okay with you, chair kim, i'd like to ask angela to present the item. >> thank you. good afternoon, chair kim, members of the rules commit, angela calvilloy÷ñ?ñ?, clerk ofe board. we found early references in the mid-40's for the things being considered in the rules committee. thankfhñ?ñ? you forbmñ?ñ? havinn
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rules. the÷pñ?ñ?áóñ?ñ?ofñ?ñ consolidatr the last 150 years various supervisors have amended these rules and our thanks to supervisor elsbernd, the most senior member of the board in helping us sponsor this legislation. the proposed revision does not seek to change the way the board conducts its business. we had three goals in mind. we wanted to reorganize the rules so the order is more intuitive, making the rules more users friendly, we wanted to clarify existing rules by eliminating redundancies and codifying practices such always doobication of the file and overall general edit of the document. to date we've held two working groups sifting of legislative staff from all board offices, we've obtained suggestions from deputy city attorney john givner
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and the the#$s#ktks previous dy attorney cheryl adams. there is worth mentioning honorable mention for several deputy, director rick cal dera, and operations deputy madeline,? peggy, my assistant, alex, supervisor elsbernd's office and judson, from the president's office. but most importantly, to the=añ? board, in total, for approving the department's budget, which to shepherd this for me and the? board. she has combined exerns as an assistantoñ?ñ? clerk, as a legislative deputy clerk and as active clerk of the board, 40 years worth, in the department, and extensive knowledge of the board's rules of order. i am grateful to kay for her effort. so now, i will hand it over to kay to review what the most
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salient changes are. afterwards, i would3hñ?ñ? like o review with the committee a couple of additional amendments that we're going to ask for, in the end, we're going to ask that an amendment of the whole be accepted. our expectation is that should those amendments be accepted then the document itself will sit in your committee for two weeks to allow supervisors and legislative aides and members of the public opportunity to review them before we hear it in december at the full board. and now i'll call up ms. gulbengay to make the presentation.3:sñ?ñ?@ >> thank you. i am privileged to be here again. or 1832 section that she waslíñ? quoting. what you have before you, i've handed out a list of significant changes that we've done through staff suggestions from your offices. and you have a document that shows the current rules of order, the proposed changes, and
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the final row shows what it will actually look like when we finish today, or in the next rules committee. so the significant changes is a 2.12 document, where we've requested that sponsors be notified when items are/ñ?ñ? requested to be on a calendar before the chair actually:pñ?ñ? calendars them. this is to create a,qk  friend, more0?ñ?ñ? interaction between s so that supervisors will know when their items are being scheduled. 2.1(a), mayor's appointments we've created4yñ?ñ three separae sections for each appointment that the board needs to confirm. there will be an appendix listing it and the approval. 22.5, we've added a substitute or amendment to a charter amendment may be introduced granted that the lead sponsorpmñ introducing such substitute have -- cosponsors to ensure
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cosponsors still want to remain a sponsor of the item if there were significant changes. 3.6, action by chair and committee, will work with the clerk of the staff to ensure all deadlines are met for pending legislations. there are times that a chair would not calendar a matter. this will ensure the clerk will comply with the provisions if there is a 30 day deadline if these matters get agendized. 3.11 is committee attendance. if the clerk receives notifications that five or more supervisors may attend a committee meeting, language relating to constituting a special meeting of the fullñ@jl board will be placed on agenda. as you know right now at the budget and finance special meetings, it's automatically put talked about and possibly there was a suggestion that this automatically be on each agenda but right now we're just putting this receive notification in a reasonable time.o 8yál
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4.13 is recognition of commendations. right now we're requesting that the time be 2 pm rather than 3:30. this is to ensure that business isn't halted and it's a better time. the clerk of the board suggested this is just a4.w=dx talking ti, that it could be 2:30. group recognitions would be put at a special time and a special order, as chosen by the clerk of the board or the president of the board. so you'd have 2 pm, you would handle individual recognitions, and groups, whatever time you wanted it -- special times for appeals, 4.1(a) or public hearings would be changing from 4:00 to 3 pm. roll call for introductions in the order of voting right now is done on odd-even basis. the suggestion is that it rotate alphabetically every week so supervisor campos would be this tuesday, and then he would
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introduce his items and would be first in voting order and the next week, whatever supervisor would be after supervisor campos would be next in line. 5.31 is a duplication. this section was added to clarify the meaning of a duplication of a file. and the difference between dividing the question, and it was put in there to review and may be a talking point. those are all the significant changes. i have to apologize that the document, that i'm holding up, was not able to be visibly displayed to the public because of the font size. it will be available in the packet and on our website after the meeting so the public will be able to see it. the committee members have it had access to it. so i am privileged to finish and answer any questions, if not angela will have some amendments to make. >> chair kim: thank you. are there any questions?
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supervisor elsbernd. >> supervisor elsbernd: thanks. and this might be a -- question, kay. this was one i just caught as i was coming in here was a rule that i didn't quite get, very minuscule. the rule 2.22.2, this is getting into charter amendments. in 2.22.1, we talked about how charter:'ñ?ñ? amendments must be signed by a city attorney, and includecgñ?ñ? a -- digest. 2.22.2 says any proposed charter amendment which has prepared or approved as to form by the city attorney. when has that ever happened, and when could that ever happen? when could a supervisor ever introduce adyñ?ñ charter amendmt that has not already been approved as to form? and so the question is what's the point of this rule? >> i'm going to go -- can i answer that question. i'm just going back to the old days. there was things that were called skeletal charter amendments. >> supervisor elsbernd: which we prohibit now under these
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rules. >> so i gets6÷ñ? you could intre a charter amendment and have it go into committee)ñ?ñ but nevee out unsigned. but maybe you're right, supervisor&ññ?ñ? elsbernd. i can't think of one. this is one we did not change. >> supervisor elsbernd: right. and that's why i just caught it before i walked in, i was reading through everything. >> yeah, i'm not sure. for an ordinance -- >> supervisor elsbernd: take a look at it. okay. thank you. >> chair kim: thank you. thankñ?ñ>> to continue in your t are awoñ?ñ? listing of about fir six additional0uñ?ñ amendments. under rule 2.21, we're asking to insert some language that already existed that i think we just accidently deleted, which is the clerk ofa
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a task force. that we remove the word next available, and add regular. so the next regular meeting, this particular business, would be placed on that agenda rather than a special agenda. rule 3.26 which is not on your list, but chair kim, you and i have discussed items that could be referred to the rules committee, ballot measures, certainly, except revenue measures, which will be heard in the budget and finance committee. that was one that you and i indicated was a fair addition. rule 5.26,.ññ?ñ? inserted after presented to the board. this is particularly when there is a mayoralw7?y3:çuç veto. in years past, a%ññ?ñ? veto was communicated on a tuesday by the clerk, and then the clerkiiñ?ñ?ñ
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immediately put it on the following tuesday's board agenda. what we're going to do is that if a member of the board requests that there be a veto override, that they will let the clerk know in writingf7)[ in tio actually consider that veto. after -- let's see here. on rule 6.1, i just have two left -- we're going to delete the word saturday just to ensure that we have covered all of our days and we don't wantz?ñ?ñ? tot this rule to saturdays. rule 6.9 has to do with9xñ?ñ the website design. from 20 years ago, that this board1oñ?ñ? ruled might be a lie bit outdated. i have committed to the board to maintain the board's website in the rpñ?ñ?arious different waysh each of you request me to do so. a board rule is notbpñ?ñ? neces. to make a motioneñ?ñ? to accepte
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changes that we've @zñ?ñ?discusd today, i'm certainly happy to answer any questions. weugñ?ñ? would appreciate the dt then sitting in your committee for several weeks, for a motion to continue would also'wñ?ñ? ben order for the 15th of novemb??ñ?ñr. >> chair kim: thank you, madam clerk. and certainly&6ñ?ñ? appreciate e work that is involved in cleaning up the language around our board rules. and i think this is certainly helpful and also more clear, and also puts into writing some of the things we've been doing practice, including as you mentioned revenue measures which have already been referredgl9ovo our budget and finance committee instead of our rules committee. around website design and maintenance acknowledging that is something the clerk's office will continue to do. before we take a motion to accept these amendments, i'm going to open this item up for public comment. so if you'd/qñ?ñ?ñ like to speao
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minutes. >> david pilpel. i haveneñ?ñ? spoken to angela, , and rick, about the proposed rules. i had a couple of thoughts,buñ?? actually, the website design is not 6.9, it'síúñ?ñ? 6.8 in the íar my two biggest concerns at this appeals. one. sorry. this will take me a moment to finde÷ñ?ñ?ñ. 419? sorry. thankjzñ?ñ? you. 4.19, public hearingnlñ?ñ? on a, i would really like the order2af the appeal presenters to be changed so that on the bulleted list on pageñ?ñ? 31 of the drat
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that's before you, it wouldçñ?ñe the appellant first,quñ?ñ? thene agency representative, then the leader of the opposition or essentially the real party, and following that person supporting the appellant, persons opposing the appellant, and then theoñ?ñ? appellant with rebuttal. there are instances when i've appeared at appeal hearings and not been clear÷ñ?ñ? on whether m supporting or opposing the appeal and wanted to hear from both sides, and then be able to weigh in. and the current rule doesn't really allow for that. also, that rule doesn't make clear filed should be handledçñ?ñ? separately. it's my view that anyone who brings in $500 and asks for an appeal to be heard should be entitled to their own time, and consideration of+uñ?ñ?ñ? their l and the merits, rather than consolidating matters and forcing matters who may have different interestf;ñs8g÷ to se
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time. iot justice is served in that regard. i'm happy to continue to communicateñ?ñ? with the clerk's office on other changes. i think this is great work by the entire gang, kay, angela, rick,ñcñ?ñ john, cheryl,>pñ?ñ? , alex, everybody, and happy to continue working on this very important project÷xñ?ñ?ñ that vw other people care about, unfortunately. thank you very much. >> chair kim: thank you, mr. pilpel. we always appreciate your feedback. is there any other public comment on this item? seeing none, public comment is nowjñ?ñ? closed. is there any comments before we okay. seeing none, do we have a motion to accept the amendments that were stated? >> i totally agree, these amendments of the whole, correct? >> chair kim: yes,es, of the whole.
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madam clerk, did you want to >> supervisor elsbernd: to'nsvñdr8e november 15. >> thank you. supervisor elsbernd is right, continue to november 15. we would also ask that the motion be amended, that the effective date fornzñ?ñ? these d rules be january 8, 2013, and that would be onapñ?ñ? the cover motion. >> chair kim: thank5jñ?ñ? you. so we do have a motion to accept these amendments as a whole, and also to amend)çhmg2p the board - the amended board rules would 2013. so we do have that motion. opposition. then we have a motion to continue this item to$mñ?ñ? novr 15, rules committee. >> so moved. >> chair kim: we can do that again without opposition. thank you so much to the clerk's office. i know several different legislative aides from der


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